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**Never-In-Doubt** · 6 April 2011, 13:26

Re: Butterfly's Unenforceable Diary

Hiya

see this for details of how to upload agreement to the secure section: --->

All you gotta do is go here and read this first: ---> User Guide - How Do I add Attachments to my Message?

Then read this, on how to use the secure section; ---> User Guide - Uploading your Documents to the Site!

General notes about the secure section are here: ---> http://forums.all-about-debt.co.uk/s...ead.php?t=1236

**Never-In-Doubt** · 6 April 2011, 13:29

Re: Butterfly's Unenforceable Diary

I have also edited and tidied up post 1 a little and also amended the total owing to HSBC as you omitted the credit card balance!

Sort the uploads then i'll confirm status for you.....

**Butterfly** · 6 April 2011, 21:40

Re: Butterfly's Unenforceable Diary

"Email CCA" sent.

Thanks.

**Never-In-Doubt** · 7 April 2011, 21:43

Re: Butterfly's Unenforceable Diary

Originally posted by Butterfly View Post

HSBC Flex Loan
Started 15/09/2004
£4637
defaulted 20/10/209
DG Solicitors (not paying)
CCA request 21/03/2011 received 05/04/2011

This is unfortunately enforceable as the terms are present and you have signed at the end of them agreeing to accept them so not much you can do here other than question why the hell they gave you a loan when it exceeded your stated income?

I'd look to repay this as they will no doubt be applying to the courts shortly for a CCJ as they know it is enforceable as well, ergo its DG Solicitors writing and not a DCA!

**Never-In-Doubt** · 7 April 2011, 21:45

Re: Butterfly's Unenforceable Diary

Originally posted by Butterfly View Post

HSBC credit card
Started 02/10/1998
£9094
Metropoliton collection services
defaulted 01/05/2009
CCA 21/03/2011 received 05/04/2011

This is unenforceable, its clearly a copy of a blank application form from that time with nothing personal relating to you - it is therefore worthless and junk mail.

Well done

Respond to Metropolitan with this: ---> CCA Query - Missing Prescribed Terms

**Butterfly** · 7 April 2011, 23:55

Re: Butterfly's Unenforceable Diary

Hi Niddy thank you for your reply.Great news about the HSBC Credit Card. Unenforceable You have made my day!Will send letter to Metropoliton later today, thanks so much.As regards the Flexi Loan- yes I will offer a payment, taken your advice on board.I recd CCA for other HSBC loan Thursday. I will get my son to send this to you later on today. Two loans and o/d all lumped together with
DG Solicitors total .£13,060 o/d with HSBC was £1007 when I went in to dmp in May 2009 total with int. & charges now at £1864.HSBC were very good in reclaim of Bank Charges. They just phoned me and sent me 2 cheques in 2008 & 2009. under financial hardship. dmp only paid out 1 payment to DG Sols agreed £117.47 pm. for all 3. May try for this, but may query £800 int. & charges.Will update diaries later today. Thanks for all your help. Butterfly.

**Never-In-Doubt** · 7 April 2011, 23:59

Re: Butterfly's Unenforceable Diary

Originally posted by Butterfly View Post

Hi Niddy thank you for your reply.Great news about the HSBC Credit Card. Unenforceable You have made my day!Will send letter to Metropoliton later today, thanks so much.As regards the Flexi Loan- yes I will offer a payment, taken your advice on board.I recd CCA for other HSBC loan Thursday. I will get my son to send this to you later on today. Two loans and o/d all lumped together with
DG Solicitors total .£13,060 o/d with HSBC was £1007 when I went in to dmp in May 2009 total with int. & charges now at £1864.HSBC were very good in reclaim of Bank Charges. They just phoned me and sent me 2 cheques in 2008 & 2009. under financial hardship. dmp only paid out 1 payment to DG Sols agreed £117.47 pm. for all 3. May try for this, but may query £800 int. & charges.Will update diaries later today. Thanks for all your help. Butterfly.

Hiya

Woah, the above is a little hard to grasp (understand) but I presume you're saying you're going to look to do a dmp for the enforceable ones? I'd not bother, personally i'd be looking to send in a letter making an offer of what you can afford, so for instance £50 per month. However, bear in mind you CANNOT pay anything if the DCA has lumped them all together - these are 3 clearly different accounts, a loan, credit card and overdraft so they need to be treated as separate entities - if the DCA loads them into one debt then you must not pay anything as you'll be paying into debts you are querying, plus the overdraft is exempt from the CCA1974 - they've kinda messed up if they have loaded all 3 accounts into one debt (ooops, idiots)!

**Butterfly** · 8 April 2011, 07:17

Re: Butterfly's Unenforceable Diary

Hi Niddy, sorry going at it too fast last night! The personal loan and the flexi loan ( 2 loans) and the o/d are the 3 lumped together £13,060 with DG. Solicitors (original HSBC). The HSBC CC separate £9,094 with Metropoliton Unenforceable. I assume the other CCA received yesterday for the HSBC personal loan will be enforceable, but I will get son to send it over to you later, for checking. Thanks for the advice on paying DG. £50 pm I will certainly try this.Will just send letters to the ones that are enforceable and offer payment. Many thanks. Butterfly

**Never-In-Doubt** · 10 April 2011, 17:44

Re: Butterfly's Unenforceable Diary

Thanks for clearing this up - basically try and keep things separate so you know which you're paying into and which you're not otherwise the DCA will allocate the payment evenly across all accounts (as per an amalgamation of sorts) meaning it affects the statute barred of all accounts, as they would pay into a debt you want to go statute barred....

make sense?

**Butterfly** · 11 April 2011, 21:55

Re: Butterfly's Unenforceable Diary

Hi Niddy, yes thanks it makes sense.In your emails you should find 3 CCAs for checking please. HSBC Personal Loan, Mint Credit Card, & Capital One Credit Card. Thanks so much for your help. Butterfly.

**Butterfly** · 14 April 2011, 17:39

Re: Butterfly's Unenforceable Diary

Hi Niddy,
I have received the last CCA from Halifax One Credit Card/ Moorcroft today. Please could you check it for me?Thank you for your help.Sending it later today.

Butterfly

**Never-In-Doubt** · 15 April 2011, 16:02

Re: Butterfly's Unenforceable Diary

Originally posted by Butterfly View Post

Hi Niddy, yes thanks it makes sense.In your emails you should find 3 CCAs for checking please.

Thanks!

Aren't you kind

Originally posted by Butterfly View Post

HSBC Personal Loan

I'll come back to you on this, at first glance it is

so leave it with me, i'll try and find fault with it over the weekend.....

Originally posted by Butterfly View Post

Mint Credit Card

This is an application form and is in fact unenforceable as there are no attached or linked prescribed terms, however the fact they have added a second page citing it as the reverse of application is nonsense - it was never the reverse of the application - its different font and also using the most recent cancellation warning which wasn't applicable back in 2000!

Respond with this: ---> CCA Query - Application Form Received

Originally posted by Butterfly View Post

Capital One Credit Card

This is unenforceable. What's funny about this is the fact they declare that they have admitted it is a recon and therefore they are right and you owe them so pay up! Ermm, but what they forgot to admit is that within their own recon they forgot to add the bloody APR and repayment sums - I mean that's a schoolboy error and to be frank, they deserve to be punished by non payment of the £10k they purport you owe.

Respond with the following: ---> CCA Query - Missing Prescribed Terms

**Butterfly** · 16 April 2011, 14:05

Re: Butterfly's Unenforceable Diary

Originally posted by Never-In-Doubt View Post

Thanks!

Aren't you kind

I'll come back to you on this, at first glance it is

so leave it with me, i'll try and find fault with it over the weekend.....

This is an application form and is in fact unenforceable as there are no attached or linked prescribed terms, however the fact they have added a second page citing it as the reverse of application is nonsense - it was never the reverse of the application - its different font and also using the most recent cancellation warning which wasn't applicable back in 2000!

Respond with this: ---> CCA Query - Application Form Received

This is unenforceable. What's funny about this is the fact they declare that they have admitted it is a recon and therefore they are right and you owe them so pay up! Ermm, but what they forgot to admit is that within their own recon they forgot to add the bloody APR and repayment sums - I mean that's a schoolboy error and to be frank, they deserve to be punished by non payment of the £10k they purport you owe.

Respond with the following: ---> CCA Query - Missing Prescribed Terms

Thanks for the reply

Letters done & ready to send on Monday will keep you posted

Butterfly

**Butterfly** · 16 April 2011, 20:35

Re: Butterfly's Unenforceable Diary

Hi Niddy,

My last agreement should be in your email
for checking Halifax One credit card. Thanks so much

Butterfly

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